Bufkin v. McDonough, Sec. of VA
Supreme Court of the United States · October 16, 2024
Oral argument in Bufkin v. McDonough concerned whether the U.S. Court of Appeals for Veterans Claims must review the Department of Veterans Affairs' application of the benefit-of-the-doubt rule (38 U.S.C. §5107(b)) de novo (as a legal question) or only for clear error (deferential review). Petitioners urged meaningful, nondeferential review; the government urged that much of the inquiry is factual and subject to clear-error review.
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